Sec. 10.14.2. - SmartCode.
Article 1. General to All Plans
1.1 AUTHORITY
1.1.1 The action of Montgomery, Alabama, in the adoption of this Code is authorized under Sections 11-52-70 through 84, Code of Alabama, 1975, as amended.
1.1.2 This Code is adopted as one of the instruments of implementation of the public purposes and objectives of the adopted Comprehensive City Plan of Montgomery as amended. This Code is declared to be in accord with the Comprehensive Plan Montgomery as amended and is deemed necessary to promote the health, safety, and general welfare of the City of Montgomery and its residents.
1.1.3 This Code was adopted by and amended by vote of the Montgomery City Council.
1.2 PURPOSE
The purpose of this Code is to enable and encourage the implementation of the following policies:
1.2.1 The Region
a. That the region should retain its natural infrastructure and visual character derived from topography, woodlands, farmlands, riparian corridors, and coastlines.
b. That growth strategies should encourage infill and redevelopment in parity with new communities.
c. That development contiguous to urban areas should be structured in the neighborhood pattern and be integrated with the existing urban pattern.
d. That development non-contiguous to urban areas should be organized in the pattern of clusters, traditional neighborhoods or villages, and regional centers.
e. That Affordable Housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty.
f. That transportation corridors should be planned and reserved in coordination with land use.
g. That green corridors should be used to define and connect urbanized areas.
h. That the region should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to the automobile.
1.2.2 The Community
a. That neighborhoods and regional centers should be compact, pedestrian-oriented, and mixed-use.
b. That neighborhoods and regional centers should be the preferred pattern of development and that districts specializing in single-use should be the exception.
c. That ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive.
d. That interconnected networks of Thoroughfares should be designed to disperse and reduce the length of automobile trips.
e. That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.
f. That appropriate building densities and land uses should be provided within walking distance of transit stops.
g. That civic, institutional, and commercial activity should be embedded in downtowns, not isolated in remote single-use complexes.
h. That schools should be sized and located to enable children to walk or bicycle to them.
i. That a range of open space including parks, squares, and playgrounds should be distributed within neighborhoods and urban zones.
1.2.3 The Block and the Building
a. That buildings and landscaping should contribute to the physical definition of thoroughfare as civic spaces.
b. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public space.
c. That the design of streets and buildings should reinforce safe environments, but not at the expense of accessibility.
d. That architecture and landscape design should grow from local climate, topography, history, and building practice.
e. That buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods.
f. That Civic Buildings and public gathering places should be provided locations that reinforce community identity and support self-government.
g. That Civic Buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the city.
h. That the preservation and renewal of historic buildings should be facilitated to affirm the continuity and evolution of society.
i. That the harmonious and orderly evolution of urban areas should be secured through form-based codes.
1.3 APPLICABILITY
1.3.1 The SmartCode is an option for development in the City of Montgomery, Alabama, and exists parallel to the existing Zoning Ordinance of the City of Montgomery, Alabama. Once a Developer or landowner makes application for the development of their property pursuant to the SmartCode, they shall rezone the property to SmartCode and be bound to the provisions of the SmartCode and prohibited from using the Zoning Ordinance unless stated otherwise in the SmartCode.
1.3.2 Provisions of this Code are activated by "shall" when required; "should" when recommended; and "may" when optional.
1.3.3 The provisions of this Code, when in conflict, shall take precedence over those of other codes, ordinances, regulations, and standards (Existing Local Codes) except the Local Health, Safety, Building & Fire Code and the Local Historic Preservation Ordinance. Nothing in the SmartCode shall be interpreted as requiring a violation of State or Federal law.
1.3.4 The Existing Local Codes continue to be applicable to issues not covered by this Code.
1.3.5 Terms used throughout this Code shall take their commonly accepted meanings or as defined in the Definitions of Terms. In the event of conflicts between these definitions and those of the Existing Local Codes, those of this Code shall take precedence.
1.3.6 The Article 8 Definitions of Terms contains regulatory language that is integral to this Code.
1.3.7 If any provision or provisions of this Code shall be held to be invalid, illegal, unenforceable or in conflict with existing laws, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
1.4 PROCESS
1.4.1 Sectors (defined in Article 2) are comprised of Open Spaces and Communities (defined in Articles 3 and 4) which are comprised of Transect Zones (defined by the elements appropriate to them in Article 5 and in Article 7 Standards & Tables).
1.4.2 The standards for community types and the standards for each Transect Zone should be determined through a process of public consultation with approval by the Montgomery City Council. Once these determinations have been incorporated into this Code and the associated plans, projects that do not require a Variance and projects that require Warrants only shall be processed administratively.
1.4.3 The City of Montgomery Department of Economic & Community Development (Land Use Division) shall establish a Consolidated Review Committee (CRC) comprised of a representative from the Land Use Division, the City Engineer's Office, the City Traffic Engineer's Office, the City Fire Department, the Montgomery Water Works Board, a designee of the Mayor, a designee of the City Council member in whose district this Code is sought, and the Chairperson and Vice-Chairperson of the Montgomery Planning Commission.
1.4.4 The CRC shall be the administrative approval body for SmartCode applications not in full compliance, except for rezoning, platting, and granting of variances. Variances in SmartCode include Exceptions and Warrants.
a. The CRC will review each Article 3 (New Community Plans), Article 5a and 5b application and within thirty (30) days, the CRC shall take one of the following actions:
b. Approve the Article 3 (New Community Plans), 5a or 5b application,
c. Identify those modifications that would allow approval of Article 3 (New Community Plans), 5a or 5b application, or
d. Disapprove the Article 3 (New Community Plans), 5a or 5b application.
1.4.5 Notice of Decision
a. Notice of the decision, including the CRC's findings and basis for decision in light of the application meeting the criteria outlined in the Article being submitted, shall be mailed or emailed to the applicant and all other parties who have made a written request for notification.
b. Upon approval by the CRC, a New Community or Infill Plan shall, upon request in writing submitted to the CRC by the landowner or landowner's agent, be placed on the next available Montgomery Planning Commission agenda for recommendation and to the City Council for rezoning approval. If rezoning is approved by City Council, final plat approval should be submitted to Planning Commission.
1.4.6 Appeals
a. Except where this SmartCode provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this SmartCode desiring to appeal said decision shall file the appeal in the district court of Montgomery County within thirty (30) days of the making of the decision.
b. A landowner or developer may appeal a decision of the CRC to the Montgomery City Council.
1.4.7 Violations
Should a violation of an approved plan occur during construction, the Land Use Division has the right to require the landowner or developer to stop, remove, and or mitigate the violation, or to require the landowner or developer to secure an exception to cover the violation.
1.4.8 Rezoning
After the CRC approves of the Plan, a developer or landowner must petition for the land at issue to be rezoned to a SmartCode District pursuant to the rezoning requirements set forth in Article IV, Zoning Ordinance.
1.4.9 Greenfield Development
For a Greenfield project meeting the minimum contiguous acreage requirement (according to development type, see Article 3.2), the developer shall submit the following documents to the Land Use Division for CRC consideration before work may be done on the site:
a. As described in Article 3, the initial site plan submission should show how proposed plan responds to existing conditions (i.e. topographic, adjacent developments and roads for connecting, natural and man-made features) (3.1.5, 3.1.6, 3.6.2, and Table 3).
b. Designate type of community to be built (CLD, TND, RCD, TOD); illustrate location of the Transect Zones which will convey the intended density of the development pedestrian Sheds on site map.
c. Identify on site plan locations for civic space and civic functions 3.7.1, 3.7.2.
d. Greenfields also require, before preliminary site and building approval, an Article 5.1.5a submission which illustrates building disposition (see Tables 14 and 15), building configuration (Table 8 and Table 14), building function (Table 10), and parking standards (Tables 11 and 12). Platting request and Article 5.1.5a submittal should be done concurrently. For final approval, an Article 5.1.5b submission which illustrates the architectural standards, landscape standards, signage standards, and ambient standards. These standards differ by Transect, refer to each Transect in Article 5 and the relevant Tables to determine project specific requirements.
e. The initial submission may include the entire development design, including all the above elements, or it may be submitted as one (1), two (2), or three (3) separate documents over time, depending upon the needs of the developer to begin project, work out details of the Article 5.1.5a and 5.1.5.b requirements. See the referenced articles and tables for more in depth description of details for submission.
1.4.10 Infill Development
Any development in an area that has had previous development is infill development. An infill project may consist of a single building or a few buildings that are in an area already under SmartCode control. Or infill may be a large area (40 or more acres) that will require an area plan and rezoning to SmartCode. Upon CRC approving the plan for Article 4 and Article 5, the intended parcels for development will need to be submitted to the Land Use Division for application to change zoning to SmartCode. A single lot or building will abide by the general standards plus requirements specific to Transect in which project is located. If the project consists of forty (40) acres or more, the Land Use Division or developer shall prepare an Infill Plan to guide development (see Articles 4.1.1, 4.1.2, 4.1.3).
1.4.11 Modifications to Submitted Plan
a. An applicant who wishes to alter or revise an approved Article 3, 4, 5.1.5a or 5.1.5b plan shall contact the Land Use Division.
b. The CRC is authorized to approve, without public notice, any modification that complies with the approval criteria as long as the CRC determines that the proposed modification does not represent a material change that would create a substantial adverse impact on surrounding landowners.
c. If Transects have been designated within an existing SmartCode Plan which has been approved by the Planning Commission and City Council, a requested change in the Transect designation will be considered as a Zoning Change request and processed as such through the Planning Commission and City Council.
1.5 VARIANCES
1.5.1 There shall be two (2) levels of Variance: Warrants and Exceptions. The Land Use Division shall determine whether a variance requires a warrant or exception.
1.5.2 A Warrant permits a practice that is not consistent with a specific provision of this Code, but is justified by the Intent Section 1.2 (as determined by the Land Use Division) or by hardship. Warrants may be granted administratively by the CRC.
1.5.3 Exceptions permit practices that are not consistent with a provision of the Intent Section 1.2, as determined by the Land Use Division. Exceptions shall be granted only by the City of Montgomery Board of Adjustment.
1.5.4 The request for an exception shall not subject the entire application to public hearing, but only that portion necessary to rule on the issue under consideration.
1.5.5 Warrants and exceptions shall be considered unique and shall not set precedent for others.
1.5.6 The following standards and requirements shall not be available for warrants or exceptions:
a. The allocation ratios of each transect zone in Greenfield developments.
b. The required provision of rear alleys and rear lanes.
c. The permission to build ancillary units.
d. The requirements of parking location.
1.5.7 Any requested variance that is over 10% of the requirements of SmartCode, shall be deemed an exception and must be presented to the Board of Adjustment for their action.
1.6 INCENTIVES
1.6.1 To encourage the use of this Code, the Montgomery City Council shall grant the following incentives, to the extent authorized by state law:
a. Applications in full compliance will be processed administratively.
b. The application process will be expedited.
c. The traffic report shall be waived.
d. A one - two story density bonus will allow developer building a certified green (energy saving) building to add one or two stories above the height allowance. Two stories may be built if developer attains points for maximum rating; one story allowed for points to attain a less than maximum certification.
1.7 HAZARD MITIGATION STANDARDS
1.7.1 To encourage thoughtful building to acknowledge both the special concerns when building within, and the value of flood plains, floodways, steep slopes, natural resources of agricultural lands, forests, animal and mineral resources.
1.7.2 Federal, state and local laws mandate strict compliance with increasing environmental protection ordinances, especially Low Impact Development (LID). These protect the environment as well as monetary resources from increasing amounts of property destruction that is occurring during natural disasters. Prevention of loss of life and property will be the underlying goal.
1.7.3 The following practices shall be incorporated in building and developing property within the Montgomery boundaries:
a. Building in floodway shall be subject to City of Montgomery Flood Ordinance.
b. Swales, rain gardens, green roofs, use of impermeable surfaces, liberal provision of green space in every area so community will help absorb rainfall rather than overloading the existing storm sewers. Also, cisterns and water collection enhancements (i.e. gutters along public and private buildings, provisions of land for community gardens, and provision of "Strong Rooms" or Storm Shelter in Civic buildings and offering of these in residences.
c. Lot coverage by development is found on Table 14E. The City of Montgomery's Engineering Department will have current ADEM standards for amount of water required to be handled per each property development and for practices of silt and contaminants detainment during construction.
Article 2. Sector Scale Plans
2.1 INSTRUCTIONS
2.1.1 This article governs the preparation of Regional Scale Plans that allocate Sectors and for lands within the City of Montgomery that have been mapped pursuant to this Article.
2.1.2 Regional Plans shall integrate the largest practical geographic area, overlapping property lines as necessary and municipal boundaries if possible.
2.1.3 Regional Plans shall be prepared by the Land Use Division or under its supervision. The process shall involve citizen participation and the approval of the Planning Commission and adoption by the City Council.
2.2 (O-1) PRESERVED OPEN SPACE
2.2.1 The Preserved Open Sector shall be assigned to open space that is protected from development in perpetuity. The Preserved Open Sector includes areas under environmental protection by law or regulation, as well as land acquired for conservation through purchase, by easement, or by donation.
2.2.2 The Preserved Open Sector shall consist of the aggregate of the following categories:
a. Surface Water Bodies
b. Protected Wetlands
c. Protected Habitat
d. Riparian Corridors
e. Purchased Open Space
f. Conservation Easements
g. Transportation Corridors
h. Residual to Clustered Land Developments (CLD)
2.2.3 Development and construction within the Preserved Open Sector and the specifications required to do so shall be determined on an individual project basis in public hearing for the recommendation of the City Planning Commission and approval by City Council.
2.3 (O-2) RESERVED OPEN SECTOR
2.3.1 The Reserved Open Sector shall be assigned to open space that should be, but is not yet, protected from development.
2.3.2 The Reserved Open Sector shall consist of the aggregate of the following categories:
a. Flood Way and Flood Fringe
b. Steep Slopes
c. Open Space to be acquired
d. Corridors to be acquired
e. Buffers to be acquired
f. Legacy Woodland
g. Legacy Farmland
h. Legacy Viewsheds
2.4 (G-1) RESTRICTED GROWTH SECTOR
2.4.1 The Restricted Growth Sector shall be assigned to areas that have value as open space but nevertheless are subject to development, either because the zoning has already been granted or because there is no legally defensible reason, in the long-term, to deny it.
2.4.2 Within the Restricted Growth Sector, Clustered Land Developments (CLD) shall be permitted by Right. CLDs shall consist of no more than one (1) Standard Pedestrian Shed with that portion of is site assigned to the T1 Natural or T2 Rural Zones as specified in Section 3.2.1.
2.5 (G-2) CONTROLLED GROWTH SECTOR
2.5.1 The Controlled Growth Sector shall be assigned to those locations where development is encouraged, as it can support mixed-use by virtue of proximity to a thoroughfare or fixed transit route.
2.5.2 Within the Controlled Growth Sector, Traditional Neighborhood Developments (TND) shall be permitted by right, as well as CLDs. TNDs shall consist of at least one (1) partial or entire Standard Pedestrian Sheds as specified in Tables 11 and 12.
2.6 (G-3) INTENDED GROWTH SECTOR
2.6.1 The Intended Growth Sector shall be assigned to those locations that can support substantial mixed use by virtue of proximity to an existing or planned regional thoroughfare and/or transit.
2.6.2 Within the Intended Growth Sector, communities in the pattern of Regional Center Developments (RCD), as well as TNDs, shall be permitted by right.
2.6.3 Any TND or RCD on an existing or projected rail or Bus Rapid Transit (BRT) network may be redesigned in whole or in part as TOD and permitted the higher Density represented by the Effective Parking allowance in Tables 11 and 12. The use of a TOD overlay requires approval by Variance.
2.7 (G-4) INFILL GROWTH SECTOR
2.7.1 The Infill Growth Sector shall be assigned to areas already developed. Such areas may include conventional suburban developments, greyfield and brownfield sites, and historic urban areas.
2.8 (SD) SPECIAL DISTRICTS
2.8.1 Special District designations shall be assigned to areas that, by their intrinsic size, function, or configuration, cannot conform to the requirements of a CLD or a TND as set forth in Article 3.
2.8.2 Conditions of development for districts shall be reviewed by the Planning Commission who shall forward a recommendation to the City Council for final approval. Alternatively, the provisions of the Zoning Ordinance shall remain applicable to Special Districts.
2.9 EXISTING LOCAL CODES
Within the Growth Sectors, development according to the Existing Local Codes remains as an option.
Article 3. New Community Plans
3.1 INSTRUCTIONS
3.1.1 Once Greenfield land has been rezoned as a SmartCode district, this Code shall be the exclusive and mandatory zoning regulation for the land within that SmartCode District. Whenever utilized, the provisions of this Code shall be applied in their entirety.
3.1.2 Incentives for the use of SmartCode are listed in Section 1.6.
3.1.3 New Community Plans may be prepared by a landowner, a developer, or by the Land Use Division.
3.1.4 New Communities of the types planned according to the provisions of this Code shall be approved administratively by the CRC.
3.1.5 When developing a New Community Plan, one should consult surveys of existing conditions showing the site, adjacent developments, connecting Thoroughfares, natural features and man-made traces. The design of the New Community Plan shall respond to these existing conditions to the satisfaction of the CRC.
3.1.6 New Community Plans shall include a Regulating Plan consisting of one or more maps showing the following for each Community Unit in the Plan area, in compliance with the standards described in this Article:
a. Transect Zones: Article 3.3
b. Civic Zones: Article 3.6
c. Special Districts, if any: Articles 3.2.5, 6, and definition page 78
d. Special Requirements, if any: Article 3.7
e. Numbers of Warrants or Variances requested, if any
3.1.7 Remnants of the site outside the Pedestrian Sheds may be warranted as Natural Zones (T1 and O1), Rural Zones (T2 and O2), Sub-Urban Zones (T3) or Civic Space (CS).
3.1.8 New Community Plans shall include one set of preliminary site plans for each Transect Zone, as provided by Table 14 and Article 3.3.
3.1.9 New Community Plans shall include a Building Plan in accordance with the requirements and timing of Article 5.
3.2 COMMUNITY TYPES
3.2.1 Clustered Land Development (CLD)
a. A CLD shall be permitted by right for New Community Plans of at least 40 contiguous acres, within the G-1 Restricted Growth Sector and the G-2 Controlled Growth Sector.
b. A CLD shall consist of no more than one Standard Pedestrian Shed including T2, T3, and T4 Zones as specified in Table 14A. However, a minimum of 50% of the parcel shall be permanently allocated to O1, Preserved Open Space as described in Article 2.2.
c. The urbanized area of a CLD shall consist of the Transect Zone requirements of a CLD as specified in Table 14A.
3.2.2 Traditional Neighborhood Development (TND)
a. TNDs shall be permitted within the G-2 Controlled Growth Sector, the G-3 Intended Growth Sector, and the G-4 Infill Growth Sector.
b. TNDs, as well as CLDs, shall be permitted by right for New Community Plans of at least 40 contiguous acres. The simultaneous planning of adjacent parcels is encouraged.
c. A TND shall consist of one Standard Pedestrian Shed including T3, T4-R, T4-O, T4-C and T5 Zones as specified in Table 14A. Larger sites shall be designed and developed as multiple Pedestrian Sheds, each with the individual Transect Zone requirements of a TND as specified in Table 14A.
3.2.3 Regional Center Development (RCD)
a. RCDs shall be permitted by right for New Community Plans of at least 160 contiguous acres within the G-3 Intended Growth Sector and the G-4 Infill Growth Sector. The simultaneous planning of larger and adjacent parcels is encouraged.
b. An RCD shall be limited to one long 1/2 mile radius pedestrian shed including T4 and T5, Zones as specified in Table 14A, and may be adjoined without buffers by one or more standard 1/4 mile radius Pedestrian Shed with the individual Transect Zone requirements of an RCD as specified in Table 14A.
3.2.4 Transit-Oriented Development (TOD)
a. RCDs that are on an existing or projected transit network shall be re-designated TOD.
3.2.5 Special Districts (SD)
a. Special Districts shall be areas dedicated for certain functions that by virtue of size or incompatibility with other surrounding Building Functions cannot meet the requirements for any transect zone or combination of transect zones. Conditions of development shall be determined through review and recommendations by the Planning Commission with final approval by the City Council.
3.3 TRANSECT ZONES
3.3.1 Transect Zones shall be assigned and mapped on each New Community Plan according to the percentages allocated on Tables 3 and 14A.
3.3.2 A transect zone may include any of the elements indicated for its T-zone number throughout this Code, in accordance with intent described in Table 2 and the metric standards summarized in Table 14.
3.3.3 The Transect Zones defined for Montgomery, Alabama are:
a. T1: Natural Zone consists of lands approximating or reverting to a wilderness condition, including lands unsuitable for settlement due to topography, hydrology, or vegetation.
b. T2: Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, cabins and villas.
c. T3: Sub-Urban Zone consists of low density residential areas, adjacent to higher density zones that have some mixed use. Planting is naturalistic and setbacks are relatively deep. Blocks may be larger and road irregular to accommodate natural conditions.
d. T4-R: General Urban Restricted Zone consists of some mixed use but is primarily residential. It may have a wide range of building types: single, sideyard, and rowhouses. Setbacks and landscaping vary. Commercial entities are limited (see Table 10) and may be located only on corner lots.
e. T4-O: General Urban Open Zone consists of mixed use, with a greater variety of commercial functions and locations allowed more than what is allowed in T4-R. Commercial uses are not limited to corner lots.
f. T4-C: General Urban Corridor Zone consists primarily of commercial and higher density residential uses. T4-C Zone is generally an elongated zone only a parcel or one block deep along an arterial or high volume commercial street, such as streets with entrance/exits from freeways and interstates.
g. T5: Urban Center Zone consists of higher density mixed use buildings that accommodate retail, offices, rowhouses and apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks.
h. CV: Civic Zone identifies land controlled by the State of Alabama, other sovereigns and their subsidiaries and therefore not subject to the zoning laws of the City of Montgomery.
i. SD: Special District designation shall be assigned to areas that, by their intrinsic function, disposition, or configuration, cannot conform to one of the normative transect zones or community types specified by this Code. Typical districts may include large parks, institutional campuses, refinery sites, airports, etc.
j. OZ: Overlay Zone is useful to protect or enhance specific characteristics without changing the underlying zoning of an area. Overlay Zones are used to protect environmental concerns, impose higher standards of design, such as to provide a buffer of safety around an airport; also may provide for different standards in a specified area to allow a use or standard not always associated with the lawful zoning but would enhance the area to provide a needed service.
3.4 ENVIRONMENTAL REQUIREMENTS
3.4.1 Specific to Natural and Rural Zones (T1, T2, O-1, O-2)
a. Categories of conditions listed in Article 2.2.2 are considered protected and development encroaching into or requiring mitigation to proceed are to be avoided.
b. The public frontage (Tables 4A and 14C) shall include trees of various species, naturalistically clustered, as well as low maintenance understory. Sod shall be permitted only by Warrant. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization, and maintenance.
c. All Impermeable surfaces shall be minimized and confined to the ratio of lot coverage by building specified in Table 14E.
d. Stormwater management on thoroughfares shall be primarily through retention and percolation, channeled by curbside swales.
3.4.2 Specific to Sub-Urban Zones (T3)
a. The public frontage (Tables 4A and 14C) shall include trees of various species, naturalistically clustered, as well as low maintenance understory. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance.
b. All impermeable surfaces shall be minimized and confined to the ratio of lot coverage by building specified in Table 14E.
c. Stormwater management on Thoroughfares shall be primarily through retention and percolation, channeled by curbside swales.
3.4.3 Specific to General Urban Zones (T4-R, T4-O, and T4-C)
a. The public frontage (Tables 4A and 14C) shall include trees planted in a regularly spaced allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears three stories but remains predominantly clear of building frontages. The introduced landscape shall consist primarily of durable species tolerant of soil compaction. See Table 4B.
b. All Impermeable surfaces shall be confined to the ratio of lot coverage by building as specified in Table 14E.
c. Stormwater management on thoroughfares and lots shall be primarily through underground storm drainage channeled by raised curbs.
3.4.4 Specific to Urban Center (T5)
a. The riparian corridors of waterways may be embarked and crossed by thoroughfares as required by the thoroughfare network.
b. The public frontage (Tables 4A and 14C) shall include trees planted in allees of a single species with shade canopies of a height that, at maturity, clears three stories, but remains predominantly clear of building frontages. The introduced landscape shall consist primarily of durable species tolerant of soil compaction. See Table 4B.
c. All Impermeable surfaces shall be confined to the ratio of lot coverage by building as specified in Table 14E.
d. Stormwater management shall be primarily through underground storm drainage channeled by raised curbs.
3.5 STREETSCAPE REQUIREMENTS
3.5.1 General
a. Thoroughfares are intended for use by vehicular and pedestrian traffic and to provide access to lots and open spaces.
b. Thoroughfares consist of vehicular lanes and public frontages (Table 15A). The lanes provide the traffic and parking capacity. They consist of vehicular lanes in a variety of widths for parked and for moving vehicles. The frontages contribute to the character of the Transect Zone. They include the types of sidewalks, curbs, streetlights and street trees.
c. Thoroughfares should be designed in context with the urban form and desired design speed of the transect zones through which they pass. Thoroughfares that pass from one transect zone to another shall adjust their public frontages accordingly or, alternatively, the transect zone may follow the alignment of the thoroughfare to the depth of one lot, retaining a single public frontage throughout its trajectory.
d. Within the more rural transect zones (T1 through T3, O1 and O2) pedestrian comfort shall be a secondary consideration of the thoroughfare. Design conflict between vehicular and pedestrian movement shall be generally decided in favor of vehicular mobility.
e. Within the more urban transect zones (T4-T5) pedestrian comfort shall be a primary consideration of the thoroughfare. Design conflict between vehicular and pedestrian movement shall be decided in favor of the pedestrian.
3.5.2 Thoroughfares
a. The thoroughfare network shall be designed to define blocks not exceeding the size prescribed in Table 14B. The size shall be measured as the sum of lot frontage lines.
b. All thoroughfares shall terminate at other thoroughfares, forming a network. Internal thoroughfares shall connect whenever possible to those on adjacent sites. A cul-de-sac shall be permitted only when warranted by natural site conditions.
c. Lots shall enfront a vehicular thoroughfare; however, up to 20% of the lots within each transect zone may enfront a pedestrian passage.
d. Thoroughfares along a designated secondary grid (Section 3.8.1a) may be exempt from the specified frontage requirements.
e. A bicycle network consisting of trails, routes and lanes should be provided throughout as defined in the Definitions of Terms and permitted in Table 14C. The community bicycle network should be connected to existing or proposed networks whenever possible.
3.5.3 Public Frontages
a. Public Frontages shall be designed as shown in Table 4 and allocated within transect zones as specified in Table 14C.
b. Within the public frontages, trees and lights shall be as shown in Tables 4 and 5. The spacing may be adjusted by warrant to accommodate specific site conditions.
3.5.4 Specific to Special Districts
a. The standards for thoroughfares and public frontages within districts shall be determined by warrant.
3.6 CIVIC FUNCTIONS
3.6.1 General
a. Places for public use shall be required for each New Community Plan and shall be designated on the New Community Plan as Civic Space (CS) and Civic Building (CB).
b. Civic Spaces are public sites permanently dedicated to open space.
c. Civic Buildings are sites dedicated for buildings generally operated by not-for-profit organizations dedicated to culture, education, government, transit, and municipal parking, or for a use approved by the Montgomery City Council.
d. Parking for civic spaces shall be determined by warrant. Civic Parking lots may remain unpaved if graded, compacted, and landscaped.
3.6.2 Civic Space (CS) Specific to T3-T5 Zones
a. Each pedestrian shed shall assign at least 5% of its urbanized area to civic space.
b. Civic spaces shall be designed as generally described in Table 13 and approved by the CRC and permitted in transect zones pursuant to Table 14D.
c. Each pedestrian shed shall contain at least one main civic space. The main civic space shall be within 800 ft. of the geographic center of each pedestrian shed, unless topographic conditions, existing thoroughfare alignments, or other circumstances require otherwise.
d. Civic space shall have a portion of its perimeter enfronting a thoroughfare.
e. Civic spaces are permitted within Special Districts.
f. Parks may be permitted in T4-T5 Zones by warrant (Table 14D).
3.6.3 Civic Buildings (CB) Specific to T3-T5 Zones
a. The developer shall covenant to construct a meeting hall or a third place in proximity to the main civic space of each pedestrian shed. Its corresponding public frontage shall be equipped with a shelter and bench for a transit stop.
b. Civic building sites shall not occupy more than 20% of the area of each pedestrian shed.
c. Civic building sites should be located within or adjacent to civic spaces, or at the axial termination of significant thoroughfares.
d. Civic buildings shall not be subject to the standards of Article 5. The particulars of the design of civic buildings shall be approved by warrant by the CRC.
e. Parking for civic buildings shall be adjusted by warrant. Civic parking lots may remain unpaved if graded, compacted, and landscaped.
f. Civic buildings may be permitted within special districts by exception.
3.6.4 Civic Functions Specific to O1, O2, T1 and T2 Zones
a. Civic buildings and spaces related to education, recreation and culture may be erected within O1 (Preserved Open), O2 (Reserved Open), T1 (Natural) and T2 (Rural Zones) by exception.
b. Those portions of the O1, O2, T1 and T2 Zones that occur within a development parcel are an integral part of the civic function allocation and should conform to one or more of the types specified in Table 13.
3.7 SPECIAL REQUIREMENTS
3.7.1 A New Community Plan shall designate the following special requirements:
a. A differentiation of the thoroughfares as a primary-grid (P-Grid) and a secondary-grid (S-Grid). Buildings along the P-Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the S-Grid may be more readily considered for warrants and exceptions allowing automobile-oriented standards. The frontages assigned to the S-Grid shall not exceed 30% of the total length within a pedestrian shed. Parking lots not associated with a building may be allowed on S-grids and on all three layers, but must respect lot coverage for permeable surface in the respective T-Zone and meet landscaping requirements, Table 6.
b. A designation for mandatory or recommended retail frontage requiring that a building provide a shopfront at sidewalk level along the entire length of the frontage. The shopfront shall be no less than 70% glazed in clear glass and provided with an awning overlapping the sidewalk as generally illustrated in Table 7. The first floor shall be confined to retail use through the depth of the second layer.
c. Awnings, galleries, stoops (anything hanging over a public sidewalk) are allowed but require approval by City Council. The gallery and arcade frontage may be combined with a retail frontage as shown in Table 7.
d. A designation of coordinated streetscape frontage, requiring that the public and private frontages be coordinated as a single, coherent landscape and paving design.
e. A designation of terminated vista locations, requiring that the building be provided with architectural articulation of a type and character that responds to the location as approved by the CRC.
f. A designation for cross block passages, requiring a minimum 8 ft. wide pedestrian access be reserved as close to mid-block as possible.
Article 4. Infill Plans
4.1 INSTRUCTIONS
4.1.1 Within the G-4 Infill Growth Sector of the Regionall Plan (Article 2), or other infill projects, the Land Use Division shall prepare or have prepared on its behalf, infill plans to guide further development.
4.1.2 Infill plans shall be prepared in a process of public consultation, as determined and organized by the Land Use Division. Infill plans shall require approval by the Montgomery City Council except for infill plans prepared pursuant to Section 4.1.3 or infill plans on property located on the Downtown Transect Map (which shall not be subject to 4.1.4, 4.1.5, or 4.5). The requirements of such plans are mandatory.
4.1.3 For any site greater than 40 contiguous acres, the landowner or developer may initiate the preparation of an infill plan subject to the provisions of Article 4, except that a CLD shall not be permitted as part of an infill plan.
4.1.4 An infill plan shall identify, assign, and follow the requirements of the community types described in Section 4.3.
a. The outline(s) of the pedestrian shed(s) and the boundaries of the community unit(s).
b. Transect zones within each pedestrian shed, assigned according to an analysis of existing conditions and future needs.
c. A thoroughfare network existing or planned.
d. Any special districts, Article 4.3.3.
e. Any special requirements, Article 4.5.
f. A record of any warrants or exceptions.
g. Detailed provisions for site and building development as described in Article 5.
4.1.5 An infill plan shall consist of two maps: A map of the planned area with its transect zones, and a map assigning the special requirements as provided in Section 4.5.
4.2 COMMUNITY TYPES
4.2.1 Urban Neighborhoods
Urban Neighborhoods shall be urbanized areas that are primarily residential. Infill plans that include Urban Neighborhoods shall be based on conserving, completing, or creating Transect-based urban structure. An Urban Neighborhood shall be defined by a single standard Pedestrian Shed. Its physical center should be located at an important traffic intersection associated with a civic or commercial institution. The edges of the Urban Neighborhood should blend into an adjacent Urban Neighborhood or Downtown without buffer. Transect maps for Urban Neighborhoods shall comport with the requirements of a TND as set forth in Table 14. The minimum acreage for an Urban Neighborhood is 40 acres.
4.2.2 Downtown
Montgomery, Alabama shall have one Downtown area. Downtown shall be an urbanized area that is primarily mixed-use. A master plan has been adopted for Downtown Montgomery that is based on conserving, completing, or creating transect-based urban structure. The Downtown is mapped along important commercial corridors. Downtown should be the location of large commercial and retail uses as well as government and other civic institutions of regional importance. The edges of a Downtown should blend into adjacent neighborhoods without buffer. Transect maps for Downtown shall comport with the requirements of a RCD as set forth in Table 14. The minimum acreage for a Downtown is 160 acres.
4.2.3 Specialized Districts (SD)
Districts shall be areas dedicated for certain uses that by virtue of size or function cannot meet the requirements for any transect zone or combination of transect zones. Districts should be created by the Land Use Division in the process of preparing an Infill Plan.
4.3 TRANSECT ZONES
4.3.1 Infill Plans shall consist of TNDs and RCDs and TODs composed of transect zones as set forth in Table 14.
4.4 CIVIC FUNCTIONS
4.4.1 General
a. Community Plans shall designate, or allow by variance, Civic Space (CS) and Civic Buildings (CB).
b. Civic Functions may be warranted as long as they do not occupy more than a total of 20% of the area of each pedestrian shed. A civic function requiring more than 20% of the pedestrian shed shall be subject to the creation of a specialized district with its own standards.
c. Parking for civic functions shall be determined by warrant.
4.4.2 Civic Space (CS)
a. Civic spaces may be approved by warrant in any transect zone.
b. Civic spaces shall be generally designed as described in Table 13.
4.4.3 Civic Building (CB)
a. Civic Buildings shall be approved by warrant in any transect zone on sites reserved for civic buildings.
b. Civic buildings shall not be subject to the requirements of Article 5. The particulars of their design shall be determined by exception.
4.5 SPECIAL REQUIREMENTS
4.5.1 An Infill Plan shall designate the following special requirements:
a. A differentiation of the thoroughfares as a Primary-Grid (P-Grid) and a Secondary-Grid (S-Grid). Buildings along the P-Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the S-Grid may be more readily considered for warrants and exceptions allowing automobile-oriented standards. The frontages assigned to the S-Grid shall not exceed 30% of the total length within a pedestrian shed. Parking lots not associated with a building may be allowed on S-grids and on all three layers, but must respect lot coverage for permeable surface in the respective T-Zone and meet landscaping requirements (Table 6).
b. A designation for mandatory and recommended retail frontage requiring that a building provide a shopfront at sidewalk level along the entire length of the frontage. The shopfront shall be no less than 70% glazed in clear glass and provided with an awning overlapping the sidewalk as generally illustrated in Table 7. The first floor shall be confined to retail use through the depth of the second layer.
c. A designation for mandatory and recommended gallery and arcade frontage, requiring that a building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The gallery and arcade frontage may be combined with a retail frontage as shown in Table 7.
d. A designation of coordinated streetscape frontage, requiring that the public and private frontages be coordinated as a single, coherent landscape and paving design.
e. A designation of terminated vista locations, requiring that the building be provided with architectural articulation of a type and character that responds to the location as approved by the CRC.
f. A designation for cross block passages, requiring a minimum 8 ft. wide pedestrian access be reserved between buildings on the first floor.
4.6 PRE-EXISTING CONDITIONS
4.6.1 Existing buildings that do not conform to the provisions of this Code may continue in use as they are. For all non-conforming buildings, the goal of any modification shall be toward compliance with this Code. At such time when considering major renovations/substantial modifications that will require a building permit (see Article 1, Section 6 of the Zoning Ordinance), the CRC shall determine which provisions of this Article shall apply.
4.6.2 Existing buildings that when renovated have at any time received a certificate of occupancy shall not require upgrade to the current Montgomery City Building Code and may meet the standards of the Code under which they were originally permitted.
4.6.3 The modification of existing buildings is permitted by right if such changes result in greater conformance with the specifications of this Article.
4.6.4 Where buildings exist on adjacent lots, the Land Use Division may require that a proposed building match one or the other of the adjacent setbacks and heights rather than the provisions of this Code.
4.6.5 The restoration or rehabilitation of an existing building shall not require the provision of parking nor on-site stormwater retention/detention in addition to that existing.
Article 5. Building Plans
5.1 INSTRUCTIONS
5.1.1 Lots and buildings located within a Community Plan subject to this Code shall be subject to the requirements of this Article.
5.1.2 A landowner or a developer may have Building Plans prepared on their behalf.
5.1.3 Landowners and developers following Building Plans in full compliance required only administrative approval by the Land Use Division.
5.1.4 The requirements described in this Article shall control Building Disposition, Building Configuration and Building Function, as well as their architectural, landscape, parking, signage, and ambient standards.
5.1.5 Building Plans shall show the following, in compliance with the standards described in this Article:
a. For preliminary site and building approval:
Building Disposition
Building Configuration
Building Function
Parking Standards
b. For final approval, in addition to the above:
Architectural Standards
Landscape Standards
Signage Standards
Ambient Standards
Hazard Mitigation Standards
5.2 PRE-EXISTING CONDITIONS
5.2.1 Existing buildings that do not conform to the provisions of this Code may continue in use as they are. For all non-conforming buildings, the goal of any modification shall be toward compliance with this Code. At such time when considering major renovations/substantial modifications that will require a building permit (see Article 1, Section 6 of the Zoning Ordinance), the CRC shall determine which provisions of this Article shall apply.
5.2.2 The restoration or rehabilitation of an existing building shall not require the provision of parking in addition to that existing nor on-site stormwater retention/detention in addition to that existing. Existing parking requirements that exceed those for this Code may be reduced as provided by Tables 11 and 12.
5.3 SPECIFIC TO NATURAL AND RURAL ZONES (O1, O2, T1, T2)
5.3.1 Buildings in the T1 Zone are permitted by exception, and in the T2 Zone by warrant. Permission to build in T1 and the standards for building disposition, building configuration, building function, parking, architectural, environmental, and ambient standards shall be determined concurrently in public hearing of the Montgomery City Council.
5.4 SPECIFIC TO SUB-URBAN ZONES (T3)
5.4.1 (T3) Building Disposition
a. Newly platted lots shall be dimensional as shown graphically on the Community Plan and platted or re-platted according to the standards of Tables 9 and 14E, G, and H, and the procedure documented in the Subdivision Regulations.
b. One principal building at the frontage, and one outbuilding to the rear, may be built on each lot as shown in Table 15C.
c. Buildings shall be disposed in relation to the boundaries of their lots according to Table 9 and Tables 14G and H.
d. Lot coverage by any impermeable surface shall not exceed that shown in Table 14E.
e. Facades shall be built parallel to the principal frontage line or parallel to the tangent of a curved principal frontage line.
f. Setbacks for principal buildings shall be as shown in Table 14F. In the case of an infill lot, setbacks shall match one of the existing adjacent setbacks unless existing setbacks do not conform to SmartCode standards.
g. Rear setbacks for outbuildings shall be a minimum of 12 ft. measured from the center line of the alley or rear lane easement. In the absence of rear alley or lane, the rear setback shall be as shown in Table 14F.
h. Upon approval by City Council, the following elements are allowed: awnings may encroach the public sidewalk without limit; Stoops may encroach one hundred percent (100%) of the depth of the setback; open porches and awnings may encroach up to fifty percent (50%) of the depth of the setback; balconies and bay windows may encroach up to twenty five percent (25%) of the depth of the setback.
i. Loading docks and service areas shall be permitted on frontages only by warrant.
j. For buildings on secondary grids, parking lots may be allowed on the frontages by warrant (see Section 5.9.1a).
5.4.2 (T3) Building Configuration
a. Private frontage types shall conform to the requirements set forth in Table 7 and Table 14H.
b. Building heights shall be as described in Table 8 and allocated in Table 14I.
5.4.3 (T3) Building Function
a. Buildings in each transect zone shall conform to the functions described in Table 10 or 11.
b. Specific building function shall be as shown in Tables 10 and 11.
5.4.4 (T3) Parking Standards
a. Vehicular parking shall be provided as required and adjusted for mixed-use as shown in Tables 11 and 12.
b. On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirement of the building on the lot.
c. Parking shall be accessed by the alley or rear lane, when such are available on the Community Plan.
d. The required parking may be provided within 1/4 mile of the site that it serves by warrant. The required parking may be purchased or leased from a civic parking reserve within a 1/4 mile of the site that it serves.
e. Parking in conjunction with an existing building on the same lot shall be located within lot layers as described in the sections for specific transects beginning at 5.4.4 and shown in Table 15.
f. Within T4-T5 Zones, a minimum of one (1) bicycle rack place shall be provided within the public or private frontage for every 10 vehicular parking spaces.
g. Maximum parking ratios may be established by the CRC.
h. Open parking areas shall be located at the second and third lot layers, except that driveway aprons and drop-offs may be located at the first layer. Garages shall be located at the third layer as illustrated in Table 15D.
i. Parking may be accessed from the frontage by means of a driveway.
5.4.5 (T3) Architectural Standards
a. Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter.
b. Streetscreens should be between 3.5 and 8 ft. in height and constructed of a material matching the adjacent building facade. The Streetscreen may also be a hedge (to be maintained according to City Landscape Ordinance) or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all streetscreens over 4 ft. high should be 30% permeable or articulated.
c. All openings, including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.
d. Openings above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently
e. The facades on retail frontages shall be detailed as storefronts and glazed with clear glass no less than 70% of the sidewalk-level story.
f. Doors and windows that operate as sliders are prohibited along frontages.
g. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except the porches and attached sheds may be no less than 2:12.
h. Flat roofs shall be enclosed by parapets a minimum of 42 in. high, or as required to conceal mechanical equipment to the satisfaction of the CRC.
i. In a parking structure or garage, each level counts as a single story, regardless of its relationship to habitable stories.
j. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads.
k. The exterior finish material on all facades shall be limited to brick, wood siding, cementitous material ("Hardy Plank") and/or stucco.
l. Balconies and porches shall be made of painted wood, same material as covering the structure, or new technology materials such as cement board that CRC may approve.
m. Buildings shall have sloped roofs.
n. Fences, if provided, shall be at the required setback and height as indicated in Table 14K.
o. Fences may be of painted wood board, chain link, brick, stone, or stucco. Table 14L.
p. Barbed wire and razor wire are not allowed in residential or commercial areas.
5.4.6 (T3) Environmental Standards
a. The landscape installed shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance.
b. All impermeable surfaces by building shall be minimized and confined to the ratio of lot coverage by building shown in Table 14E.
c. The management of stormwater shall be primarily through retention and percolation on the individual lot or through swales in the public frontage.
5.4.7 (T3) Landscape Standards
a. A minimum of one tree to match the species of street trees on the public frontage shall be planted within the first layer private frontage for each 30 ft. of frontage line as illustrated in Tables 4, 7 and 15D.
b. The first lot layer as shown in Table 15D shall consist of trees of various species, naturalistically clustered, as well as low maintenance understory. Sod shall be permitted by Right.
5.4.8 (T3) Signage Standards
a. Blade sign for each business may be permanently installed perpendicular to the facade. Such a sign shall not exceed a total of 4 sq. ft.
b. Allowed signage may be lit externally only with full-spectrum source, unless otherwise specified.
c. There shall be no signage permitted for home occupations. Commercial entities within a T3 Transect are not allowed any additional signs.
5.4.9 (T3) Ambient Standards
a. Streetlights shall be of a general type illustrated in Table 5.
b. Outdoor storage shall be screened from view from any frontage [by] a Streetscreen in conformance with Table 6.
5.5 SPECIFIC TO GENERAL URBAN ZONES (T4) (INCLUDES T4-R, T4-O, T4-C)
5.5.1 (T4) Building Disposition
a. Newly platted lots shall be dimensional as shown graphically on the Community Plan and platted or re-platted according to the standards of Tables 9 and 14E, G, and H, and the procedure documented in the Subdivision Regulations.
b. One principal building at the frontage, and one outbuilding to the rear, may be built on each lot as shown in Table 15C.
c. Buildings shall be disposed in relation to the boundaries of their lots according to Table 9 and Tables 14G and H.
d. Lot coverage by all impermeable surfaces shall not exceed that shown in Table 14E.
e. Facades shall be built parallel to the principal Frontage Line or parallel to the tangent of a curved principal Frontage Line.
f. Setbacks for principal buildings shall be as shown in Table 14F. In the case of an infill lot, setbacks shall match one of the existing adjacent setbacks. If existing setbacks do not conform to SmartCode standards, the Land Use Controls Division will work with the developer to make setback recommendations to be approved by the CRC.
g. Rear setbacks for outbuildings shall be a minimum of 12 ft. measured from the center line of the alley or rear lane easement. In the absence of rear alley or lane, the rear setback shall be as shown in Table 14F.
h. Upon approval by City Council, the following elements are allowed: awnings may encroach the public sidewalk without limit; Stoops may encroach 100% of the depth of the setback; open porches and awnings may encroach up to 50% of the depth of the setback; balconies and bay windows may encroach up to 25% of the depth of the setback.
i. Loading docks and service areas shall be permitted on frontages only by warrant.
j. For buildings on Secondary Grids, parking lots may be allowed on the frontages by warrant.
k. A minimum residential housing mix of three types (none less than 20%) shall be required in the General Urban Zone, selected from Table 9.
l. A zero setback pursuant to an approved New Community Plan of Infill Plan provided a 5 ft. clear path is available for pedestrians in the public frontage.
5.5.2 (T4) Building Configuration
a. Private Frontage types shall conform to the requirements set forth in Table 7 and Table 14H.
b. Building heights shall be as described in Table 8 and allocated in Table 14I.
c. Specific Building Configuration shall be as shown in Table 9, and summarized in Tables 14K and J.
5.5.3 (T4) Building Function
a. Buildings in each Transect Zone shall conform to the functions described in Tables 10 and 11.
b. Accessory uses of Limited Lodging or Limited Office shall be permitted within an outbuilding.
5.5.4 (T4) Parking Standards
a. Vehicular parking shall be provided as required and adjusted for mixed-use as shown in Tables 11 and 12.
b. On-street parking available along the Frontage Lines that correspond to each lot shall be counted toward the parking requirement of the building on the lot.
c. Parking shall be accessed by the Alley or Rear Lane, when such are available on the Community Plan.
d. The required parking may be provided within 1/4 mile of the site that it serves by warrant. The required parking may be purchased or leased from a Civic Parking Reserve within a 1/4 mile of the site that it serves.
e. Parking in conjunction with an existing building on the same lot shall be located within lot layers as described in the sections for specific transects beginning at 5.5.4 and shown in Table 15.
f. Within T4-T5 Zones, a minimum of one (1) bicycle rack place shall be provided within the Public or Private Frontage for every 10 vehicular parking spaces.
g. Maximum Parking Ratios may be established by the CRC.
h. All parking areas except for driveways shall be located at the Third Layer as illustrated in Table 15D. Garages shall be at the Third Layer. Provision for parking lot as sole use to be in all three layers, if along a secondary grid.
i. Parking shall be accessed from a Rear Alley or Rear Lane.
5.5.5 (T4) Architectural Standards
a. Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter.
b. Streetscreens should be between 3.5 and 8 ft. in height and constructed of a material matching the adjacent building facade. The Streetscreen may also be a hedge (maintained according to City Landscape Ordinance) or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all Streetscreens over 4 ft. high should be 30% permeable or articulated.
c. All openings, including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.
d. Openings above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently.
e. The facades on retail frontages shall be detailed as storefronts and glazed with clear glass no less than 70% of the sidewalk-level story.
f. Doors and windows that operate as sliders are prohibited along frontages.
g. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except the porches and attached sheds may be no less than 2:12.
h. Flat roofs shall be enclosed by parapets a minimum of 42 in. high, or as required to conceal mechanical equipment to the satisfaction of the CRC.
i. In a parking structure or garage, each level counts as a single story, regardless of its relationship to habitable stories.
j. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads.
k. The exterior finish materials on all facades shall be limited to brick, clapboard, siding, cementitious material ("Hardy Plank") and/or stucco.
l. Balconies and porches shall be made of painted wood or metal or of like material to construction of structure.
m. Buildings shall have sloped roofs. Buildings with flat roofs shall be allowed in T4-O and T4-C which are in accordance with Section 5.5.5h.
n. Fences, if provided shall be within the First Lot Layer as illustrated in Tables 14K and 15D. Fences at other Layers may be of same material as structure, painted wood board, or chain link. See also Table 14K and L.
5.5.6 (T4) Environmental Standards
a. The species of landscape installed shall consist primarily of durable species tolerant of soil compaction.
b. All impermeable surfaces shall be confined to the ratio of lot coverage by building, as shown in Table 14E.
c. Management of stormwater shall be primarily off-site through underground storm drainage. There shall be no retention or detention required on the individual lot. Low impact development should be considered to help ease existing storm sewers and encourage water conservation.
5.5.7 (T4) Landscape Standards
a. A minimum of one (1) tree to match the species of street trees on the Public Frontage shall be planted within the First Layer Private Frontage for each 30 ft. of Frontage Line as illustrated in Tables 4, 7 and 15D.
b. Lawn shall be permitted.
5.5.8 (T4) Signage Standards
a. One blade sign for each business may be permanently installed perpendicular to the facade. Such a sign shall not exceed a total of 12 sq. ft.
b. Allowed signage may be lit externally only with full-spectrum source, unless otherwise specified.
c. T4-O and T4-C shall allow blade signs up to 15 sq. ft., there must be at least 8 ft. of clearance between walkway and bottom of sign.
d. T4-C shall allow band signs of 3 ft. in height by any length.
5.5.9 (T4) Ambient Standards
a. Streetlights shall be of a general type illustrated in Table 5.
b. Outdoor storage shall be screened from view from any frontage by a Streetscreen in conformance with Section 5.5.5b.
5.6 SPECIFIC TO URBAN CENTER ZONES (T5)
5.6.1 (T5) Building Disposition
a. Newly platted lots shall be dimensional as shown graphically on the Community Plan and platted or re-platted according to the standards of Tables 14E, G, and H, and the procedure documented in the Subdivision Regulations.
b. One principal building at the frontage, and one outbuilding to the rear, may be built on each lot as shown in Table 15C.
c. Buildings shall be disposed in relation to the boundaries of their lots according to Table 9 and Tables 14F and H.
d. Lot coverage by all impermeable surfaces shall not exceed that shown in Table 14E.
e. Facades shall be built parallel to the principal Frontage Line or parallel to the tangent of a curved principal Frontage Line.
f. Setbacks for principal buildings shall be as shown in Table 14F. In the case of an infill lot, setbacks shall match one of the existing adjacent setbacks. If existing setbacks do not conform to SmartCode standards, Land Use Controls and the Developer will work out setback recommendations for CRC approval.
g. Rear setbacks for outbuildings shall be a minimum of 12 ft. measured from the center line of the alley or rear lane easement. In the absence of rear alley or lane, the rear setback shall be as shown in Table 14F.
h. Facades shall be built parallel to the principle frontage line along a minimum of 70% of its length on the setbacks shown in Table 14G. In the absence of a building along the remainder of the Frontage Line, a streetscreen shall be built co-planar with the facade.
i. Buildings shall have their principal pedestrian entrance on a Frontage Line.
5.6.2 (T5) Building Configuration
a. Private Frontage types shall conform to the requirements set forth in Table 7, and Table 14H.
b. Building heights shall be as described in Table 8, and allocated in Table 14I.
c. A first level residential or lodging function shall be raised a minimum of 2 ft. from average sidewalk grade.
5.6.3 (T5) Building Function
a. Buildings in each Transect Zone shall conform to the functions described in Tables 10 and 11.
5.6.4 (T5) Parking Standards
a. Vehicular parking shall be provided as required and adjusted for mix-use as shown in Tables 11 and 12.
b. On-street parking available along the Frontage Lines that correspond to each lot shall be counted toward the parking requirement of the building on the lot.
c. Parking shall be accessed by the Alley or Rear Lane, when such are available on the Community Plan.
d. The required parking may be provided within 1/4 mile of the site that it serves by warrant. The required parking may be purchased or leased from a Civic Parking Reserve within 1/4 mile of the site that is serves.
e. Parking in conjunction with an existing building on the same lot shall be located within Lot Layers as described and shown in Table 15.
f. A minimum of one (1) bicycle rack place shall be provided within the Public or Private Frontage for every 10 vehicular parking spaces.
g. Maximum Parking Ratios may be established by the CRC.
h. All parking areas shall be located at the Third Lot Layer and masked by a streetscreen of Liner Building as shown in Table 15D.
i. Parking shall be accessed from a Rear Alley.
j. The required parking may be provided on sites elsewhere within the same Pedestrian Shed by Warrant.
k. Parking lots not associated with a building may be allowed on S-grids and in all three layers, but must respect lot coverage for permeable surface in the respective T Zone.
l. Pedestrian entrances to all parking lots and Parking Structures shall be directly from a Frontage Line. Only underground parking facilities may be entered by pedestrian directly from a Principal Building.
m. The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30 ft.
5.6.5 (T5) Architectural Standards
a. Building wall materials may be combined on each Facade only horizontally, with the heavier below the lighter.
b. Streetscreens should be between 3.5 and 8 ft. in height and constructed of a material matching the adjacent building facade. The Streetscreen may also be a hedge (maintained according to City Landscape Ordinance) or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all Streetscreens over 4 ft. high should be 30% permeable or articulated.
c. All openings, including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.
d. Opening above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently.
e. The facades on retail frontages shall be detailed as storefronts and glazed with clear glass no less than 70% of the sidewalk-level story.
f. Doors and windows that operate as sliders are prohibited along frontages.
g. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except the porches and attached sheds may be no less than 2:12.
h. Flat roof shall be enclosed by parapets a minimum of 42 in. high, or as required to conceal mechanical equipment to the satisfaction of the CRC.
i. In a parking structure or garage, each level counts as a single story, regardless of its relationship to habitable stories.
j. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads.
k. The exterior finish materials on all facades shall be limited to stone, brick, cementitous board ("Hardy Plank") and/or stucco.
l. Balconies, galleries and arcades shall be made of concrete, painted wood or metal.
m. Buildings may have flat roofs enclosed by parapets or sloped roofs.
n. Streetscreens shall be located coplanar with the building facade line as shown in Table 15D.
5.6.6 (T5) Environmental Standards
a. The landscape installed shall consist primarily of durable species tolerant of soil compaction.
b. Impermeable surfaces shall be confined to the ratio of lot coverage as shown in Table 14E.
c. Management of stormwater shall be primarily off-site through underground storm drainage. There shall be no retention or detention required on the individual lot. Low Impact Design should be used to alleviate stress on existing storm drainage system especially in infill areas.
5.6.7 (T5) Landscape Standards
a. A minimum of one tree to match the species of street trees on the Public Frontage shall be planted within the First Layer Private Frontage for each 30 ft. of Frontage Line as illustrated in Tables 4B, 7 and 15D.
b. The First Layer as shown in Table 15D shall be landscaped or paved to match the Enfronting Public Frontage as shown in Table 4.
[c.] Trees shall be a species with shade canopies that, at maturity, remain clear of building frontages.
5.6.8 (T5) Signage Standards
a. Allowed signage may be externally lit, may contain neon, and signage within the shopfront glazing may be neon lit.
b. Band sign. A single external band sign may be applied to the facade of each building, providing that such sign not exceed three feet in height by any length. For buildings of ten stories or more, a band sign at ten stories or higher may be nine feet in height by any length.
c. Blade sign.
1. Single-tenant building. One blade sign allowed for each facade along a public frontage, not to exceed 28 square feet, to be applied either to the facade above the entrance to the business, or anywhere on the facade along the public frontage, or to either side of the business entrance adjacent to the door, with a minimum eight feet of clearance between bottom of sign and walkway.
2. Multi-tenant building. In buildings with multiple tenants that do not have direct frontage to the public right-of-way or public alley, either/or shall apply:
i. One blade sign for each business may be applied to the facade directly above the main entrance of the building, in which case multiple blade signs shall be stacked one above the other, not to exceed 15 square feet per sign, or
ii. One blade sign identifying the building may be applied at any location on the facade; and may have one outdoor display case, not to exceed six square feet, applied to the facade of the building adjacent to the main entrance.
d. Awning sign. Awnings are permitted across the entire length of the facade of the building, or one awning per window and door, and may contain business identification and and/or business logo on the canopy, and may contain lettering or numbers on the valance.
5.6.9 (T5) Sidewalk Signs
a. A-frame or other self-supporting design, no more than 4 ft. in height or 2 ft. wide.
b. May be used during the hours the business is open, but must be removed from public walkway after hours.
c. This sign may only be on sidewalk directly in front of the establishment to which it belongs. Must be placed so it does not block any public entrance or required emergency exit from a building. Taking into consideration existing obstacles such as parking meters, street signs, newspaper vending bins, fire hydrants, trash cans, planters and bus stop benches, there must be clear passage of at least 6 ft.
d. Sidewalk signs may not be separately illuminated nor electrified in any way.
5.6.10 (T5) Ambient Standards
a. Streetlights shall be of a general type illustrated in Table 5.
b. Outdoor storage shall be screened from view from any frontage with a streetscreen in conformance with Section 5.4.5b.
5.7 CIVIC FUNCTIONS
5.7.1 General
a. Community Plans shall designate, or allow by deviation, Civic Space (CS) and Civic Building (CB).
b. Civic Functions may be warranted so long as they do not occupy more than a total of 20% of the Pedestrian Shed. A Civic Function requiring more than 20% of the pedestrian shed shall be subject to the creation of a specialized district.
c. Parking for Civic Functions shall be determined by warrant.
5.7.2 Civic Space (CS)
a. Civic Space may be approved in any Transect Zone.
b. Civic Spaces shall be generally designed as described in Table 13.
5.7.3 Civic Building (CB)
a. Civic Buildings shall be approved by exception or warrant in any transect zone, on sites reserved for them.
b. Civic Buildings shall not be subject to the requirements of Article 5. The particulars of their design shall be determined by exception.
5.8 SPECIAL REQUIREMENTS
5.8.1 A Community Plan may designate the following special requirements:
a. A differentiation of the thoroughfares as a primary-grid and a secondary grid. Buildings along the P-grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the S-grid may be more readily considered for warrants and exceptions allowing automobile oriented standards. The frontages assigned to the S-grid shall not exceed 30% to the total length within a Pedestrian Shed.
b. A designation for mandatory or recommended retail frontage requiring that a building provide a shopfront at sidewalk level along the entire length of the Frontage. The shopfront shall be no less than 70% glazed in clear glass and provided with an awning overlapping the sidewalk as generally illustrated in Table 7. The first floor shall be confined to retail use through the depth of the second layer.
c. A designation for mandatory or recommended gallery frontage, requiring that a building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The gallery frontage may be combined with a retail frontage as shown in Table 7.
d. A designation of coordinated streetscape frontage, requiring that the public and private frontages be coordinated as a single, coherent landscape and paving design.
e. A designation of terminated vista location, requiring that the building be provided with architectural articulation of a type and character that responds to the location as approved by the CRC.
f. Designation for cross block passages, requiring a minimum 8 ft. wide pedestrian access be reserved as close to mid-block as possible.
g. A designation of buildings of value, requiring that such buildings [and structures may be altered or demolished only when in accordance] with municipal preservation standards and protocols.
Article 6. Special Districts and Overlays
6.1 INSTRUCTIONS
6.1.1 Special Districts require a large amount of land and generally support a single use that may have multiple buildings or land requirements that are not typically supportive of SmartCode principles. Examples include, but are not limited to: airports, downtown college campus, state government campus, large manufacturing facility.
6.1.2 A Special District has no specific criteria to be met by the developer, but to do a project that would be classified as a Special District due to the requirement for an amount of land that would be larger than 25% of a Pedestrian Shed, the developer would need to submit a Table 15 showing the specifics of the particular project.
6.1.3 Projects that would provide for facilities that would emit noxious odors or create unusually loud noises on regular basis or that would have activities that could cause damage or harm and must have a safety zone are not suitable for placing within a SmartCode environment even as a Special District. An example of this is an airport.
6.2 Special District criteria require CRC and Planning Commission approval.
6.3 Overlays are defined and written by the Department of Economic & Community Development to enhance or protect a specific characteristic. An Overlay Zone provides these specific enhancements and characteristics as specified but the Overlay Zone has no definite boundaries or locations until designated by the Department of Economic & Community Development or requested by either the public and approved by the Planning Commission and City Council.
Article 7. Standards and Tables
Table 1 - Outline of SmartCode
[image omitted; see the official code]
Table 2 - Transect Zone Descriptions
[image omitted; see the official code]
Table 3 - Sector/Community Allocation
[image omitted; see the official code]
Table 4A - Public Frontages - General
[image omitted; see the official code]
Table 4B - Public Frontages - Specific
[image omitted; see the official code]
Table 5 - Public Lighting
[image omitted; see the official code]
Table 6 - Landscaping
[image omitted; see the official code]
Table 7 - Private Frontages
[image omitted; see the official code]
Table 8 - Building Configuration
[image omitted; see the official code]
Table 9 - Building Disposition
[image omitted; see the official code]
Table 10 - Building Function, Specific
R = By Right E = By Exception W = By Warrant
T1 | T2 | T3 | T4-R | T4-O | T4-C | T5
a. RESIDENTIAL
Apartment Building | R | R | R | R
Ancillary Unit | R | R | R | R
Assisted Living | R | R | R | R | R | R
Community Residence | W | W | W | W | W
Duplex House | R | R | R | R
Edgeyard House | R | R | R
Halfway House | W | W
Live-Work | R | R | R | R | R
Manufactured House | E
Outbuilding | R | R | R | R
Rearyard House | R | R | R | R
Sideyard House | R | R | R
Temporary Tent | E | E | E | E | E | E | E
b. LODGING
Bed and Breakfast | W | W | W | W | W | W
Boarding House | E | E | E | E | E
Hotel (no room limit) | R | R | R
Inn (up to 12 rooms) | E | E | R | R | R | R
Inn (up to 5 rooms) | E | R | R | R | R | R
S.R.O. Hostel | E | E | E | E | E
School Dormitory | R | R | R | R
c. OFFICE
Office Building | R | R | R | R
d. RETAIL
Open-Market Building | R | R | R | R | R | R
Retail Building | R | R | R | R
Restaurant | R | R | R | R
Kiosk | R | R | R | R
Push Cart | R | R | R | R
e. CIVIC
Bus Shelter | R | R | R | R | R
Convention Center | E | R
Conference Center | E | R | R
Fountain or Public Art | R | R | R | R | R | R
Library | R | R | R | R
Movie Theater | W | W | W
Museum | W | W | R
Outdoor Auditorium | E | R | R | R | R
Parking Structure | R | R
Passenger Terminal | E | R
Playground | R | R | R | R | R | R
Sports Stadium | E | R
Surface Parking Lot | E | E | E | R
Religious Assembly | R | R | R | R
f. OTHER: AGRICULTURE
Grain Storage | R | R
Livestock Pen | E
Greenhouse | R | R | W | W | W | W | W
Accessory Structure | R | R | R | R | R | R | R
Stable | R | R | E
Vet Clinic / Kennel | R | R | E | E | E | E | E
OTHER: AUTOMOTIVE
Auto Related Commercial | E | W | R
Truck Maintenance
Drive Through Facility | E | R | E
Rest Stop | R | R | R
Roadside Stand | R | R
Billboard
Shopping Center
Shopping Mall
OTHER: CIVIL SUPPORT
Cemetery
Funeral Home | R | R | R
Hospital | E | E
Medical Clinic | E | E | R | R
OTHER: EDUCATION
College | E
High School | E | E | E | E
Trade School | E | E
Elementary School | E | R | R | R | R
Daycare | R | R | R | R | R | R
OTHER: INDUSTRIAL
Heavy Industrial Facility
Light Industrial Facility
Truck Depot
Laboratory Facility | E | E
Water Supply Facility
Sewer and Water Facility
Electric Substation | E | E | E | E | E | E | E
Cremation Facility
Large Storage
Mini-Storage | W | W | W
Auto Related Industrial
Towing with 30-day Storage
Tables 11 and 12 - Building Function and Parking
[image omitted; see the official code]
Table 13 - Civic Space
[image omitted; see the official code]
Table 14 - Summary of Transect Zones
[image omitted; see the official code]
Table 14 - Summary of Transect Zones (cont.)
[image omitted; see the official code]
Illustration 14A: Transect Graphics - T3
[image omitted; see the official code]
Illustration 14B: Transect Graphics - T4-R, T4-O
[image omitted; see the official code]
Illustration 14C: Transect Graphics - T4-C
[image omitted; see the official code]
Illustration 14D: Transect Graphics - T5
[image omitted; see the official code]
Table 15 - Illustration of Some Terms
[image omitted; see the official code]
Article 8. Special District-Medical (SD-M)
1.1 AUTHORITY
1.1.1 The inclusion of the use of Special Districts as floating zones to provide for specific entities that are important to an urban area, but due to their specific purpose or nature, fall outside of the accepted commercial, office, institutional and residential definitions in the SmartCode, adopted by amendment to SmartCode, Ordinance No. 35-2007 and Ordinance No. 3-2006 and authorized by: Section 11-52-70 through 84, Code of Alabama, 1975, as amended.
1.1.2 This Code is adopted as one of the instruments of implementation of the public purposes and objectives of the adopted Comprehensive City Plan of Montgomery as amended. This Code is declared to be in accord with the Comprehensive City Plan of Montgomery as amended and is deemed necessary to promote the health, safety, and general welfare of the City of Montgomery and its residents.
1.1.3 This Code was adopted and amended by vote of the Montgomery City Council.
1.2 PURPOSE
1.2.1 The purpose of the Special District-Medical (SD-M) is to identify and protect areas within the City to allow for efficient and necessary expansion of medical facilities to meet future needs of area residents.
a. As population needs increase and technology changes, health care needs most likely will demand greater facilities.
b. In order to protect the existing major medical facilities in Montgomery, each of which has huge financial investments in their respective campus, future growth should be encouraged in close proximity to the existing facilities.
c. Careful thought should be taken with new development in these areas in order that it is compatible with the goal to have adequate health and emergency medical care in close proximity to area residents.
1.3 APPLICABILITY
1.3.1 See Montgomery SmartCode.
1.4 PROCESS
1.4.1 A Special District is established to provide for a variety of development types that are not specifically included in the SmartCode Transects. Examples of special districts: hospitals, colleges, airports, heavy industrial.
1.4.2 Once the need for a Special District is determined by either the City of Montgomery's Long Range/Comprehensive Plan, or by a specific use, such as college, airport, hospital, etc., a study should be conducted and data collected by or for the Montgomery Department of Economic & Community Development which includes meeting with neighbors and property owners as well as with the leaders/developers requesting consideration for development or expansion.
1.4.3 Following public meetings for presenting possible Special Districts and publishing the relevant maps to show the extent and purpose of the special district for public scrutiny, the specifics of the special district shall be defined by tables and articles that document the allowed form and uses contained within the Special District. The maps, tables, and articles shall be presented to the Land Use Controls Division of the Department of Economic & Community Development which will disseminate the information to the various oversight departments within the City (Long Range Planning, Engineering, Traffic Engineering, Fire Department, and any others deemed necessary) and utilities. Comments from these departments will be attached to the map, tables, and articles and presented to Planning Commission and City Council for final vote.
1.5 DEVIATIONS
1.5.1 Deviations shall follow Montgomery SmartCode.
1.5.2 The allocations of Transects, traffic thoroughfares, alleys and residential densities do not follow the SmartCode but rather are established within the tables, maps and articles defining the Special District.
2.1 INSTRUCTIONS
2.1.1 There is no minimum or maximum size requirement.
2.1.2 Size of Special District should be determined by need requirements imposed due to intended use.
The desired land requirement does not have to be under total control by developer at the time of establishing the Special District, but all land being requested for the future growth or protection of the special use must have strong rationale to support claims for restricting use of surrounding property.
2.1.3 Special District-Medical may be developed by any number of developers as long as the use is consistent to creating a medical complex.
3.1 THOROUGHFARES, SIDEWALKS, BIKE LANES
3.1.1 It is recognized that numerous types of vehicles will be using the facilities and that the need for emergency care facilities will require access by ambulance, police and fire vehicles as well as by private automobiles. The emphasis is on safety for all users and expediting emergency vehicles.
3.1.2 Layout and thoroughfare connections will be deferred to the professional developing the plan unless there are serious concerns from the City Departments. City concerns will be addressed by data and rationale from the developer.
3.1.3 The increased possibility of wheel chairs and other ambulatory assistance must inform the construction of sidewalks and curb cuts. Bike lanes shall be limited to the roads, not to be placed on trails through the complex or paths on sidewalks.
3.1.4 Stormwater management should primarily be through underground storm drains channeled by raised curbs
4.1 PARKING STANDARDS
4.1.2 Parking spaces and sharing factors are found on Tables 8 and 9. Where possible, parking should be in parking structures or behind buildings in order not to contribute to creating long distances for patients, visitors, and customers to have to traverse to reach needed facility.
4.1.3 Parking lots should meet landscape and access standards required by SmartCode and Urban Forestry requirements.
5.1 SIGNAGE
5.1.1 Wayfinding signs should be strategically placed to allow for clear instructions as to locations and services but to not block line of sight of drivers of vehicles.
5.1.2 Wayfinding signs should not contain advertisements of any kind.
5.1.3 Buildings may have both monument signs, which should not exceed 6 ft. in height, and band signs, which may be up to 3 ft. in height by any length.
5.1.4 Only buildings with an emergency facility or services open during the night may have internal lighting.
5.1.5 Billboard signs may not be used.
6.1 LIGHTING
6.1.1 Lighting should be of a scale to match architecture and human elements. Follow SmartCode descriptions and Table 3. It is permissible to select a standard light structure/design to be used throughout Special District in order to create uniform, consistent appearance.
7.1 PUBLIC SPACE AND GREEN SPACE
7.1.1 Public space and green space is not mandatory but are allowed and may be used to create a sense of place within the special district.
7.1.2 Playgrounds with equipment are not permitted unless fenced and attached to a structure such as a daycare center or family dormitory, if permitted.
8.1 SmartCode shall be followed for all other concerns not covered by these articles concerning the Special District-Medical.
Table 1 - Transect Zone Descriptions
[image omitted; see the official code]
Table 2A - Public Frontages - General
[image omitted; see the official code]
Table 2B - Public Frontages - Specific
[image omitted; see the official code]
Table 3 - Public Lighting
[image omitted; see the official code]
Table 4 - Private Frontages
[image omitted; see the official code]
Table 5 - Building Configuration
[image omitted; see the official code]
Table 6 - Building Disposition
[image omitted; see the official code]
Table 7 - Building Function - Specific
[image omitted; see the official code]
Table 7 - Building Function - Specific (cont.)
[image omitted; see the official code]
Tables 8 and 9 - Building Function and Parking
[image omitted; see the official code]
Table 10 - Civic Space
[image omitted; see the official code]
Table 11 - Summary of Special District Features
[image omitted; see the official code]
Table 11 - Summary of Special District Features (cont.)
[image omitted; see the official code]
[Article 9.] Definition of Terms
Definitions. This Article provides definitions for terms in this Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article, then the Land Use Division shall use the latest version of Webster's Dictionary.
Actual Parking: The number of existing parking spaces.
Adult Daycare: A facility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three or more adults other than family/employee occupying the premises. The term does not include community residential homes, nursing home facilities or institutions for the aged.
Affordable Housing: Dwellings consisting of rental units or for-sale units. Both shall be economically within the mean of the equivalent of the starting salary of a local elementary school teacher.
Accessory Building: An outbuilding with an Accessory Unit.
Accessory Structure (Agriculture): Any associated structure related to agricultural products, tools, equipment or other similar functions.
Accessory Unit: An apartment not greater than 600 sq. ft. sharing ownership and utility connections with a Principal Building. An Accessory Unit may or may not be within an Outbuilding. Accessory Units do not count toward maximum density calculations (see Tables 12 & 16).
Adjusted Parking: The amount of required parking adjusted by the Sharing Factor in Table 12.
A-Grid: Or Primary Grid, See Primary-Secondary Grid.
Allee: A regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Path.
Alley: A thoroughfare designated to be a secondary means of vehicular access to the rear or side of properties. An alley may connect to a vehicular driveway located to the rear of lots providing access to outbuildings, service areas and parking; and may contain utility easements.
Ancillary Unit: See Accessory Unit.
Apartment: A dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments may be for rent or for sale as condominiums.
Arcade: A private frontage conventional for retail use wherein the façade is a colonnade supporting habitable space that overlaps the sidewalk, while the façade at sidewalk level remains at the frontage line (see Table 7).
Assisted Living: A system of housing and limited care that is designed for senior citizens who need some assistance with daily activities but do not require care in a nursing home.
Auto-Related Commercial Establishments: A place of business serving auto-related needs including, but not limited to: car rental, car wash, gas station, mechanic offering minor repairs, retail sales such as auto parts, tire store, indoor car sales. Uses not included: major mechanical work; body work; painting; steam cleaning; welding; outdoor car sales; storage of automobiles not in operating condition; commercial parking lot or commercial garage; or any work involving undue noise, glare, fumes or smoke, all of which are considered auto-related industrial activities.
Avenue (AV): A Thoroughfare or high vehicular capacity and low speed. Avenues are short distance connectors between urban centers. Avenues may be equipped with a landscaped median. Avenues become collectors upon exiting urban areas.
Backbuilding: A single-story structure connecting a principal building to an outbuilding (see Table 16).
Bed and Breakfast: An owner occupied lodging type offering bedrooms; permitted to serve food to guests.
B-Grid: Or Secondary Grid, see Primary-Secondary Grid.
Bicycle Lane (BL): A thoroughfare dedicated to bicycle use running within a moderate-speed vehicular thoroughfare, demarcated by striping.
Bicycle Route (BR): A thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds.
Bicycle Trail (BT): A thoroughfare running independently of a high-speed vehicular thoroughfare.
Block: The aggregate of the private lots, passages, rear lanes, and alleys, circumscribed by thoroughfares.
Block Face: The aggregate of all the building facades on one side of a block.
Boarding House: A lodging house at which meals are provided.
Boulevard: A thoroughfare designed for high vehicular capacity and moderate speed. Boulevards are long-distance thoroughfares traversing urbanized areas. Boulevards are usually equipped with slip roads buffering sidewalks and buildings. Boulevards become arterials upon exiting urban areas.
Brownfield: An area having been previously used primarily as an industrial or commercial site with perceived or actual presence of environmentally hazardous substance.
Building Configuration: The form of a building as defined by its massing, private frontage, and height.
Building Disposition: The placement of a building on its lot (see Table 9).
Building Function: The uses accommodated by a building and its lot. Functions are categorized as Restricted, Limited, or Open, according to the intensity of the use (see Tables 10 and 11).
Building Height: The vertical extent of a building measured in stories, not including a raised basement or a habitable attic. Building height limits do not apply to masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, and similar structures. Building height shall be measured from the average grade of the enfronting thoroughfare (see Table 8).
Building Type: A structure category determined by function, disposition on the lot, and configuration, including frontage and height.
By Right: A proposal for a building or community plan that complies with this Code and may thereby be processed administratively, without public hearing.
Childcare: A facility where six (6) or more children are cared for on a part-time basis by day or by night including after-school care. The term does not include community based residential facilities, family care homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care.
CLD: Cluster Land Development. A freestanding neighborhood. Because of a location away from transportation, a CLD has a weak commercial center.
Civic: The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit and municipal parking.
Civic Building: Civic Buildings shall be public sites dedicated for buildings operated by not-for-profit organizations dedicated to culture, education, government, transit and municipal parking, or for a use approved by the City Council. Civic Buildings shall not be subject to the architectural standards of Article 5.
Civic Function: Premises used by organizations considered to support the common good of the community. Uses include educational, cultural, social service, and religious not-for-profit organizations
Civic Use: See Civic Function.
Civic Parking Reserve: Parking structure or lot within a quarter-mile of the site that it serves. Space may be leased or purchased from this reserve to satisfy parking requirements.
Civic Space: An open area dedicated for public use. Civic space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping, and their enfronting buildings. (See Table 13.)
Commercial: The term collectively defining workplace, office and retail functions.
Commercial Street (CS): See Table 3C.
Common Destination: An area of focused community activity, usually defining the approximate center of a pedestrian shed. It may include without limitation one or more of the following: a civic space, a civic building, a commercial center, or a transit station, and may act as the social center of a neighborhood.
Community: A regulatory category defining the physical form, density, and extent of a settlement. The three community types addressed in this Code are CLD, TND, and RCD. The TOD community type may be created by an overlay on TND or RCD.
Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Available for small-scale cultivation, generally to residents of apartments, and other dwelling types, without private gardens. Community gardens should accommodate individual storage sheds.
Community Pattern: The physical form of a settlement. Variations are due to the particulars of the site: density, spatial definition program, transportation, and implementation. Transect-based community patterns are socially and functionally variegated; they are walkable, and they manifest a gradient from urban to rural.
Community Residence: Residential facility for non-related persons needing assistance to integrate into the community.
Conference Center: A center where conferences can be conducted.
Configuration: The form of a building, based on its massing, private frontage, and height.
Consolidated Review Committee (CRC): A committee of one representative from each of the regulatory agencies that have jurisdiction over the approval of a project.
Context: Surroundings made up of the particular combination of elements that create specific habitat.
Convention Center: A large civic building or group of buildings designed for conventions, industrial shows, and the like; having large unobstructed exhibit areas and often including conference rooms, hotel accommodations, restaurants, and other facilities.
Corridor: A linear geographic system incorporating transportation and/or greenway trajectories. A transportation corridor may be a linear urban transect zone.
Courtyard Building: A building that occupies the boundaries of its lot while internally defining one or more private patios.
Curb: The edge of the vehicular pavement detailed as a raised curb or flush to a swale. The curb usually incorporates the drainage system (see Table 4A & B).
Design Speed: The velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Very low (below 20 mph), Low (20-25 mph), Moderate (25-35 mph), High (above 35 mph). Lane width is determined by desired design speed.
Disposition: The placement of a building on its lot. See Table 9.
District: See Specialized District.
Domiciliary: Providing care and living space.
Drive-Through/Drive-In Facility: A place of business including drive-through banks or teller windows, drive-through eating and drinking establishments, drive-through windows at liquor or other stores, or at laundry and dry cleaning facilities, car washes, and similar facilities, but excludes automotive service stations.
Driveway: A vehicular lane within a lot, usually leading to a garage. A driveway in the first layer may be used for parking if it is no more than 18 ft. wide, thereby becoming subject to the constraints of a parking lot.
Duplex House: A building that is divided into two living units sharing a common wall.
Edgeyard Building: A building that occupies the center of its lot with setbacks on all sides.
Effective Parking: The amount of parking required for mixed use after adjustment by the shared parking factor (see Tables 11 and 12).
Effective Turning Radius: The measurement of the inside turning radius taking parked cars into account.
Elevation: An exterior wall of a building not along the public right-of-way (see Table 16).
Encroachment: Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit.
Enfront: To place an element along a frontage line, as in "porches enfront the street."
Entrance, Principal: The main point of access for pedestrians into a building.
Exception: A Variance that permits a practice that is not consistent with a provision or intent of this Code.
Facade: The exterior wall of a building that is set along a public Right-of-way frontage line. (See Table 16).
Final Plat: A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, restrictions, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
First Lot Layer: The portion of a lot measured from the property line on the principal frontage to the building frontage/front setback.
Forecourt: A private frontage wherein a portion of the facade is close to the frontage line and the central portion is set back (see Table 7).
Frontage: The area between a building facade and the front setback, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage (see Tables 4A and 7).
Frontage Line: (Front setback) Those lot lines that coincide with a public frontage. Facades along frontage lines define the public realm and are therefore more regulated than the elevations that coincide with other lot lines (see Table 16).
Gallery: A private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk (see Table 7).
Gas Station: A retail business that sells motor vehicle fuel, related motor vehicle products, and which also sell food and beverage items.
Greenfield: An area that consists of open fields and farmland which has not been previously developed.
Green: A civic space type for unstructured recreation, spatially defined by landscaping rather than building frontages (see Table 13).
Greenhouse: A building, room, or area, usually made of transparent or opaque material, in which temperature is maintained within a desired range, used for cultivating plants or growing plants out of season.
Greenway: An open space corridor or largely natural conditions, which may include trails for bicycles and pedestrians.
Group Home: A residence for persons requiring care or supervision.
Halfway House: A residence for individuals after release from institutionalization (as for mental disorder, drug addiction, or criminal activity) that is designed to facilitate their readjustment to private life.
Heavy Industrial: Industrial facilities that conduct their operation in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses.
Highway: A thoroughfare intended primarily to serve through traffic traveling medium to long distances.
Home Occupation: Non-retail commercial enterprises. The work quarter should be invisible from the frontage located either within the house or in an outbuilding. Permitted activities are defined by the restricted office category (see Table 10).
Infill: Land which has been previously developed property.
Inn: A commercial establishment that provides lodging, food, etc., for public, especially travelers; small hotel; a tavern.
Inside Turning Radius: The curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn (see Tables 3 and 16).
Kiosk: A small, self-standing structure used for commercial purposes. Examples include, but are not limited to, a newsstand or ticket booth.
Layer: A range of depth of a lot within which certain elements are permitted (see Table 16).
Light Industrial: Industrial facilities that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses.
Liner Building: A building specifically designed to mask a parking garage from a frontage. A liner building, if less than 30 ft. deep and two (2) stories, shall be exempt from parking requirements.
Live-Work: A dwelling unit that contains a commercial component. A live-work unit is a fee-simple unit on its own lot with commercial component limited to the ground level.
Lodging: Premises available for daily and weekly renting of bedrooms. The area allocated for food service shall be calculated and provided with parking according to retail use.
Lot Line: The boundary that legally and geometrically demarcates a lot (see Tables 14F & 16).
Lot Width: The length of the Principal Frontage line of a lot.
Main Civic Space: The main civic space shall be within 800 ft. of the geographic center of each pedestrian shed, unless prevented by topographic conditions or pre-existing thoroughfare alignments as determined by the CRC.
Manufacturing: Premises available for the creation, assemblage, and/or repair of artifacts; and including their retail sale.
Meeting Hall: A building available for gatherings. It should accommodate at least one room equivalent to a minimum of 10 sq. ft. per projected dwelling unit(s) within the pedestrian shed in which the meeting hall is located.
Mixed Use: Multiple functions within the same building and/or adjacent building, or in multiple buildings within the same area by adjacency. Mixed use is one of the principles of TND development from which many of its benefits are derived, including compactness, pedestrian activity, and parking space reduction.
Neighborhood: A mostly residential area, often with a recognizable edge. For the purposes of this Code, a "complete neighborhood" is further defined as consisting of one pedestrian shed (1/2 mile diameter) with a mixed-use center.
Nonconformity: An existing function, structure, lot or site improvement that was in compliance with the zoning regulations that were applicable to it when it was established, and for which all required permits were issued, but which does not conform in whole or in part to the regulations of this Section. Such nonconformity is legal and may continue except as regulated by this Code.
Office: Premises available for the transaction of general business but excluding retail, artisanal and manufacturing uses.
Open Parking Lot: A parking lot on a parcel, not in conjunction with a building. May be on the frontage and within the first and second lot layers by warrant, except for corner lots at intersections with an A-Grid, or Primary Grid.
Outbuilding: An accessory building, usually located towards the rear of the same lot as the principal building. A backbuilding sometimes connects it to the principal building.
Overlay Zone: A designation of special zoning concerns which impose different restrictions or requirements on an area without altering the underlying zoning. Usually used to enhance or protect specific environmental characteristics or needs for an area.
Park: A civic space type that is a natural preserve available for unstructured recreation (see Table 13).
Parking Structure: A building containing two or more stories of parking. Parking structure shall have liner buildings at the first story or higher. Parking structures not on a primary grid are exempt and may be unlined.
Passage (PS): A pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to frontages. Passages may be roofed over.
Path (PT): A pedestrian way traversing a park or rural area, with landscape matching the contiguous open space. Paths should connect directly with the urban sidewalk network.
Pedestrian Shed: An area defined by the average distance that may be applied to determine the size of a neighborhood or extent of a community. A standard pedestrian shed is ¼ of a mile radius, or 1,320 ft. With transit available or proposed, a long pedestrian shed has an average walking distance of a ½ mile, or 2,640 ft. Pedestrian sheds are oriented towards a central destination containing one or more important intersections, meeting places, civic spaces, civic buildings, and the capacity to accommodate a T5 transect zone in the future.
Planter: The element of the public streetscape which accommodates street trees. Planters may be continuous or individual.
Plat: A subdivision as it is represented as a formal document by drawing and writing, and which is presented to the Planning Commission for review and approval in accordance with the Subdivision Regulations and to the governing body for the acceptance of easements and dedications.
Primary-Secondary Grid: Thoroughfare designations appearing on the Regulating Plan. Buildings on the P-Grid/A-Grid are subject to all of the provisions of this Code. Buildings on the S-Grid/B-Grid are exempt from certain provisions, allowing for warranted open parking lots, unlined parking decks, drive-through and hermetic building fronts.
Principal Building: The main building on a lot, usually located toward the frontage (see Table 16).
Principal Frontage: The private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. See Frontage.
Private Frontage: The privately held layer between the frontage line and the principal building facade. The structures and landscaping within the private frontage may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches, and galleries (see Table 7).
Public Frontage: The area between the curb of the vehicular lanes and the frontage line. Elements of the public frontage include the type of curb, walk, planter, street tree, and streetlight (see Table 4).
Push Cart: A small, mobile and wheeled device that is utilized for temporary commercial purposes.
RCD: Regional Center Development. A community type consisting of one long pedestrian shed with strong town center. The minimum developable area of a RCD/TOD is 160 acres.
Rear Alley (RA): A vehicular driveway located to the rear of lots providing access to service areas and parking, and containing utility easements.
Rear Lane (LA): A vehicular driveway located to the rear of lots providing access to parking and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. Its streetscape consists of gravel or landscaped edges, no raised curb and is drained by percolation.
Rearyard Building: A building that occupies the full frontage line, leaving the rear of the lot as the sole yard. This is a more urban type, as the continuous facade spatially defines the public thoroughfare. For its residential function, this type yields a rowhouse. For its commercial function, the rear yard can accommodate substantial parking.
Recess Line: A line prescribed for the full width of a facade, above which there is a setback of a minimum distance, such that the height to this line, not the overall building height, effectively defines the enclosure of the enfronting public space (see Table 8).
Rescue Mission: A facility providing personal assistance to individuals in need. Such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services.
Residential: Premises available for long-term human dwelling.
Residential Street (RS): See Street.
Retail: Premises available for the sale of merchandise and food service.
Retail Frontage Line: Frontage lines designated on a community plan that require the provision of a shopfront, causing the ground level to be available for retail use.
Road (RD): A local, rural, and suburban thoroughfare of low vehicular speed and capacity. Its public frontage consists of swales drained by percolation and walkable path or bicycle trail along one or both sides. The landscaping consists of multiple species composed in naturalistic clusters. This type is allocated to the more rural transect zones (T1-T3).
Rural Road (RR): See Road.
Second Lot Layer: The 20 ft. immediately following the First layer of a lot (See Table 16D).
Secondary Grid: See Primary-Secondary Grid.
Setback: The area of a lot measured from the lot line to a building facade or elevation. This area must be maintained clear of permanent structures with the exception of: galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, terraces and decks (that align with the first story level) which are permitted to encroach into the setback (see Section 4.2.1 and Table 14F).
Shared Parking: An accounting for parking spaces that are available to more than one function. The requirement is reduced by a factor, shown as a calculation. The shared parking ratio varies according to multiple functions in close proximity, which are unlikely to require the spaces at the same time (see Tables 11 and 12).
Shopfront: A private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade (see Table 7).
Sideyard Building: A building that occupies one side of the lot with a setback to the other side.
Sidewalk: The paved layer of the public frontage dedicated exclusively to pedestrian activity.
Sign: Any identification, description, illustrations, or device, illuminated or non-illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information.
Specialized Building: A building that is not subject to residential, commercial or lodging classification. Most specialized buildings are dedicated to manufacturing and transportation, and are distorted by the trajectories of machinery.
Specialized District (SD): Specialized District designations shall be assigned to areas that, by their intrinsic function, disposition, or configuration, cannot conform to one of the six normative transect zones or four community types specified by this Code. Typical districts may include large parks, institutional campuses, refinery sites, airports, etc.
Standard Road (SR): See Road and Table 4A.
Standard Street (SS): See Street.
Story: A habitable level within a building of no more than 14 ft. in height from finished floor to finished ceiling. Attics and raised basements are not considered stories for the purposes of determining building height.
Streamside Corridor: The zone within which a waterway flows, its width to be variably interpreted according to the transect zone.
Street (ST): A local urban thoroughfare of low speed and capacity. Its public frontage consists of raised curbs drained by inlets and sidewalks separated from the vehicular lanes by a planter and parking on both sides. The landscaping frontage consists of raised curbs drained by inlets and sidewalks separated from the vehicular lanes by a planter and parking on both sides. The landscaping consists of regularly placed street trees. This type is permitted within the more urban transect zones (T4-T5).
Streetscape: The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, and streetlights, etc.).
Streetscreen: Sometimes called Streetwall. A wall built along the frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the thoroughfare. Streetscreens shall be between 3.5 and 8 ft. in height and constructed of a material matching the adjacent building facade. The streetscreen may be a hedge or fence. Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all streetscreens over 4 ft. high should be 30% permeable or articulated to avoid blank walls.
Substantial Modification: Alterations to a building that will add more than 50% to the existing building size.
Terminated Vista: A location at the axial conclusion of a thoroughfare. A building located at a terminated vista designated on a Community Plan is required to be designed in response to the axis.
Third Lot Layer: The back portion of a lot, immediately following the second lot layer (see Table 16D).
Third Place: A private building that includes a space for unstructured social gathering. Third places are usually bars, cafes, and corner stores.
Thoroughfare: A passage for traveling that incorporates moving lanes and parking lanes within a right-of-way (see Tables 3 and 16).
TND: Traditional Neighborhood Development. A community type consisting of one or more pedestrian sheds plus a mixed-use center or corridor. The minimum developable area of a TND is 80 acres.
TOD: Transit-Oriented Development. TOD is Regional Center Development (RCD) with transit available or proposed.
Towing Service: Establishment which provides for the removal and temporary storage (maximum 30 days) of vehicles, but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles.
Town Center: The mixed-use center or main commercial corridor of a community. A town center in a hamlet or small TND may consist of little more than a meeting hall, corner store, and main civic space. A town center for RCD or TOD communities may be a substantial downtown commercial area, often connected to other town centers by transit.
Transect: A system of ordering human habitats in a range from the most natural to the most urban. The SmartCode is based upon transect zones which describe the physical character of place at any scale, according to the density and intensity of land use and urbanism.
Transect Zone (T-Zone): Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and the enfronting public streetscape. The elements are determined by their location on the transect scale. The T-Zones are: T1 (Natural), T2 (Rural), T3 (Sub-Urban), T4 (General Urban), T5 (Urban Center), and T6 (Urban Core) (see Table 1). NOTE: Montgomery, at the time of adoption of this Code, does not have sufficient density to have property zoned as T6.
Transition Line: A horizontal line spanning the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.
Type: A form category determined by function, disposition, and configuration, including size or extent. There are community types, street types, and civic spaces types.
Urban Neighborhood: A TND community type within an urbanized area (see TND).
Urban Street: See Table 3C.
Variance: An administrative technique granting relief from the provisions of this Code. There are two types of variances available in SmartCode: Warrants and Exceptions (see Section 1.5).
Warrant: A type of variance that permits a practice that is not consistent with a specific provision of this Code, but is justified by its intent or by hardship.
(Ord. No. 3-2006, 1-17-2006; Ord. No. 35-2007, 5-1-2007; Ord. No. 6-2012, § 1, 1-17-2012; Ord. No. 51-2012, § 1, 8-7-2012; Ord. No. 58-2014, § 1, 10-7-2014; Ord. No. 27-2017, 3-7-2017; Ord. No. 54-2018, 9-4-2018; Ord. No. 28-2019, § 1, 8-6-2019)
